LAWS(BOM)-2021-11-333

MANAGING COMMITTEE OF SHANTADURGA KUMBHARJUVEKARIN Vs. MAHESH RAIKAR

Decided On November 24, 2021
Managing Committee Of Shantadurga Kumbharjuvekarin Appellant
V/S
Mahesh Raikar Respondents

JUDGEMENT

(1.) The petitioner before this Court is the Managing Committee of a Devasthan.

(2.) The petitioner is aggrieved by the judgments and orders dtd. 29/10/2021, whereby appeals filed by the respondent under the Devasthan Regulations have been partly allowed and the proceedings initiated by the respondent have been remanded back to the Administrator of the Devasthan, on the basis of interpretation of relevant Articles of the Devasthan Regulations, particularly Article 250 thereof. According to the petitioner, the interpretation placed on the Articles of Devasthan Regulations is misplaced and that the appeals filed by the respondent before the Court below, acting as the Tribunal under the Devasthan Regulations, ought to have been dismissed.

(3.) The respondent claims to be a member/mahajan of the petitioner Devasthan. The petitioner has sought to contend that the respondent has been removed from the said membership, which is disputed by the respondent. Both sides conceded that the said aspect is not subject matter of the present proceeding. Even otherwise, the respondent was a member when he initiated the proceedings before the Administrator. Hence, this Court has refused to go into the said aspect of the matter and the issues arising for consideration in the present petition are taken up on merits.